### 47737 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This proposed rulemaking is promulgated under the authority described in subtitle VII, part, A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This proposed regulation is within the scope of that authority as it would amend Class D and existing Class E airspace and establish Class E airspace designated as surface areas at Patuxent River NAS, Patuxent River, MD. Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air). The Proposed Amendment

Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

**PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR**  **TRAFFIC SERVICE ROUTES; AND REPORTING POINTS** 

1. The authority citation for part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

**§ 71.1 [Amended]**

2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, effective September 15, 2009, is amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *

AEA MD D Patuxent River, MD [Amended] Patuxent River NAS (Trapnell Field), MD

(Lat. 38 ° 17 ′ 30 ′′ N., long. 76 ° 24 ′ 59 ′′ W.) Chesapeake Ranch Airpark, MD

(Lat. 38 ° 21 ′40 ′′ N., long. 76 ° 24 ′ 19 ′′ W.) That airspace extending upward from the surface to and including 2,500 feet MSL within a 4.5-mile radius of Patuxent River NAS (Trapnell Field) and within a .5-mile radius of Chesapeake Ranch Airpark excluding that airspace within Restricted Areas R–4005 and R–4007 when active. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport Facility Directory.
* * * * *
Paragraph 6002 Class E Airspace Designated as Surface Areas.
* * * * *

AEA MD E2 Patuxent River, MD [New] Patuxent River NAS (Trapnell Field), MD

(Lat. 38 ° 17 ′ 30 ′′ N., long. 76 ° 24 ′ 59 ′′ W.) Patuxent VORTAC

(Lat. 38 ° 17 ′ 16 ′′ N., long. 76 ° 24 ′01 ′′ W.) Patuxent River NDB

(Lat. 38 ° 17 ′ 09 ′′ N., long. 76 ° 24 ′ 11 ′′ W.) Chesapeake Ranch Airpark, MD

(Lat. 38 ° 21 ′40 ′′ N., long. 76 ° 24 ′ 19 ′′ W.) That airspace extending upward from the surface within a 4.5-mile radius of Patuxent River NAS (Trapnell Field) and within 1.8 miles each side of the Patuxent VORTAC
045 ° radial extending from the 4.5-mile radius of Patuxent River NAS to 6.1 miles northeast of the VORTAC; and within 1.8 miles each side of the Patuxent VORTAC
235 ° radial extending from the 4.5-mile radius to 6.6 miles southwest of the VORTAC; and within 1.8 miles each side of the Patuxent River NDB 233 ° bearing extending from the 4.5-mile radius to 6.1 miles southwest of the NDB; and within 1.8 miles each side of the Patuxent VORTAC
140 ° radial extending from the 4.5-mile radius to 10.5 miles southeast of the VORTAC; and within a .5-mile radius of Chesapeake Ranch Airpark, excluding that airspace within Restricted Areas R–4005 and R–4007 when active. This Class E airspace area is effective during those times when the Class D airspace is not in effect.
* * * * *
Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D Surface Area.
* * * * *

AEA MD E4 Patuxent River, MD [Amended] Patuxent River NAS (Trapnell Field), MD

(Lat. 38 ° 17 ′ 30 ′′ N., long. 76 ° 24 ′ 59 ′′ W.) Patuxent VORTAC

(Lat. 38 ° 17 ′ 16 ′′ N., long. 76 ° 24 ′01 ′′ W.) Patuxent River NDB

(Lat. 38 ° 17 ′ 09 ′′ N., long. 76 ° 24 ′ 11 ′′ W.) That airspace extending upward from the surface within 1.8 miles each side of the Patuxent VORTAC 045 ° radial extending from the 4.5-mile radius of Patuxent River NAS (Trapnell Field) to 6.1 miles northeast of the VORTAC; and within 1.8 miles each side of the Patuxent VORTAC 235 ° radial extending from the 4.5-mile radius to 6.6 miles southwest of the VORTAC; and within 1.8 miles each side of the Patuxent River NDB 233 ° bearing extending from the 4.5- mile radius to 6.1 miles southwest of the NDB; and within 1.8 miles each side of the Patuxent VORTAC 140 ° radial extending from the 4.5-mile radius to 10.5 miles southeast of the VORTAC, excluding that airspace within Restricted Areas R–4005 and R–4007 when active. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport Facility Directory.

Issued in College Park, Georgia, on July 30,
2010. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2010–19583 Filed 8–6–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0453; Airspace Docket No. 10–AAL–14]** 

**RIN 2120–AA66**

**Proposed Revocation of Colored Federal Airway G–4; AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM); withdrawal.

**SUMMARY :**  This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on June 8, 2010 (75 FR 32317). In that action, the FAA proposed to remove Federal Airway Green (G–4) in Alaska. The FAA has determined that the withdrawal is warranted since the proposed action was based on the decommissioning of the Wood River Non-directional Beacon near the town of Dillingham, Alaska, which will now remain in service.

**DATES :**  Effective date 0901 UTC, August 9, 2010. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783.

**SUPPLEMENTARY INFORMATION :**  History

On June 8, 2010, the FAA published in the Federal Register an NPRM proposing to remove Federal Airway G– 4 (75 FR 32317), Docket No. FAA–2010– 0453. A review of Alaska airspace revealed that numerous aircraft depend on G–4 to support remote communities, therefore the FAA has determined to withdraw the proposed action.


### 47738 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules

1 See 17 CFR 1.3(gg) (defining the term ‘‘ customer funds ’’ ).

2 Regulation 1.20(a) does not require a written acknowledgment to be obtained from ‘‘ a derivatives clearing organization that has adopted and submitted to the Commission rules that provide for the segregation as customer funds, in accordance with all relevant provisions of the Act and the rules and orders promulgated thereunder, of all funds held on behalf of customers. ’’

3 7 U.S.C. 1 et seq.

4 17 CFR parts 1–199.

5 See 17 CFR 1.3(rr) (defining the term ‘‘foreign futures or foreign options secured amount’’ ).

6 74 FR 7838 (February 20, 2009). List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

The Withdrawal

Accordingly, pursuant to the authority delegated to me, the FAA withdraws the NPRM published in the Federal Register June 8, 2010, (75 FR 32317) [2010–13609].

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

Issued in Washington, DC, July 28, 2010. Edith V. Parish, Manager, Airspace and Rules Group.
[FR Doc. 2010–19489 Filed 8–6–10; 8:45 am]

**BILLING CODE 4910–13–P**

**COMMODITY FUTURES TRADING COMMISSION** 

**17 CFR Parts 1, 30, and 140**

**RIN 3038–AC72**

**Acknowledgment Letters for Customer Funds and Secured Amount Funds** 

**AGENCY :**  Commodity Futures Trading Commission.

**ACTION :**  Notice of proposed rulemaking.

**SUMMARY :**  The Commodity Futures Trading Commission ( ‘‘Commission’’ or

‘‘CFTC ’’ ) is proposing to amend its regulations regarding the required content of the acknowledgment letter that a registrant must obtain from any depository holding its segregated customer funds or funds of foreign futures or foreign options customers, and certain technical changes.

**DATES :**  Submit comments on or before September 8, 2010.

**ADDRESSES :**  You may submit comments, identified by RIN number, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• Agency Web Site: http:// www.cftc.gov. Follow the instructions for submitting comments on the Web site.

• E-mail: acknowledgmentletter@cftc.gov. Include the RIN number in the subject line of the message.

• Fax: 202–418–5521.

• Mail: David A. Stawick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.

• Hand Delivery/Courier: Same as mail above. **FOR FURTHER INFORMATION CONTACT :**  Phyllis P. Dietz, Associate Director, 202–418–5449, pdietz@cftc.gov, or Eileen A. Donovan, Special Counsel, 202–418–5096, edonovan@cftc.gov, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.

**SUPPLEMENTARY INFORMATION :**  I. Background

Regulation 1.20 (17 CFR 1.20) requires futures commission merchants (FCMs) that accept customer funds and derivatives clearing organizations (DCOs) that accept customer funds from FCMs to segregate and separately account for those funds. 1 Currently, Regulation 1.20 requires such FCMs and DCOs to obtain from the bank, trust company, FCM or DCO 2 holding customer funds in the capacity of a depository (each, a ‘‘Depository’’ ) a written acknowledgment that the Depository was informed that the customer funds deposited therein are those of commodity or option customers and are being held in accordance with the provisions of the Commodity Exchange Act (Act) 3 and CFTC regulations. 4 Regulation 1.26 (17 CFR 1.26), which requires FCMs and DCOs to segregate and separately account for instruments purchased with customer funds, repeats the requirement to obtain an acknowledgment letter. FCMs also must obtain a similar written acknowledgment from Depositories holding ‘‘ secured amount’’ funds 5 required under Regulation 30.7 (17 CFR 30.7), which governs the treatment of money, securities, and property held for or on behalf of the FCM’s foreign futures and foreign options customers.

On February 20, 2009, the Commission published proposed amendments to Regulations 1.20, 1.26, and 30.7 for public comment. 6 The proposed amendments set out specific representations that would be required in the acknowledgment letters in order to reaffirm and clarify the obligations that Depositories incur when accepting customer funds or secured amount funds. The Commission also proposed several technical changes.

In response, the Commission received comment letters from the Futures Industry Association ( ‘‘FIA’’ ), Joint Audit Committee ( ‘‘JAC ’’ ), National Futures Association ( ‘‘NFA’’ ), Managed Funds Association ( ‘‘MFA’’ ), and Katten Muchin Rosenman LLP ( ‘‘Katten’’ ), which are discussed below. In light of the comments received, the Commission has determined to re-propose the amendments to Regulations 1.20, 1.26, and 30.7, with several changes made in response to the comments. In addition, the Commission is proposing standard template acknowledgment letters that would be required to be used. These are proposed for inclusion in a new Appendix A to each of Regulations 1.20, 1.26, and 30.7. The Commission invites public comment on all aspects of the proposed regulations and the proposed letters.

II. Comments Received

FIA generally supported the proposed regulations but requested that the effective date of the final rule be extended beyond the proposed date of 180 days from the date of publication in the Federal Register to allow FCMs, DCOs, and Depositories sufficient time to negotiate and put in place acknowledgment letters satisfying the proposed Commission regulations and also to allow them an opportunity to work together to develop a standard template acknowledgment letter that would satisfy the proposed regulations. In addition, FIA expressed interest in having its member Depositories work with the Commission on a standardized notice, authentication, and instruction protocol and encouraged the Commission to develop a system for electronic filing of the new acknowledgment letters.

The JAC supported the proposed regulations but requested guidance regarding the circumstances that would necessitate updating acknowledgment letters (e.g., name change of FCM or depository, merger of FCM or depository, addition or deletion of account number) as well as acceptable timeframes for such updating. In addition, the JAC questioned the benefit of requiring submission of acknowledgment letters to the Commission without also requiring documentation necessary for verification. Finally, the JAC requested that the Commission amend Regulation 30.7 to provide relief, similar to that provided under Regulations 1.20 and 1.26, that would exempt DCOs from having to provide acknowledgment